1. Overview

1.1. The website www.arcstore.co.za (“Website”) is owned and operated by Mistragystix Proprietary Limited, trading as ARC Store, registration number 2017/354647/07 (“ARC”), a retailer of cosmetics, fragrances and related goods.

1.2. The Website enables consumers to purchase the products shown on the Website (“Products”), provided that they have registered for an account on the Website and require delivery of the Products within the borders of the Republic of South Africa.

1.3. By accessing, registering and using the Website, consumers (“You/Your”) will be deemed to be bound by these On-line Purchases Terms and Conditions (“Terms and Conditions”) and to have read and accepted these Terms and Conditions, together with the ARC Website Terms and Conditions of Use and Privacy Policy, which can be found on the Website.

1.4. When You access or use the Website, sign up for an ARC newsletter, opt into marketing communication, register an account, conclude a purchase or transaction and/or send an email to hello@arcstore.co.za, You agree to receive electronic communications from ARC, provided that You are entitled to “opt out” at any time by using the applicable “opt out” option.

1.5. When You access or use the Website, You warrant and undertake that You are over the age of 18 or assisted by Your legal guardian and that You will not access or use the Website for any purpose that is unlawful or prohibited by any applicable laws, the provisions of these Terms and Conditions and/or any notice displayed on the Website. Any unauthorised commercial use of the Website and its services and/or the resale of the Products and services, is expressly prohibited.

2. Products and Purchasing Products

2.1. All Products displayed on the Website are limited and are subject to availability and ARC will make all reasonable attempts to ensure that when Products are no longer available, the applicable item is discontinued on the Website or shown as being “out of stock”.

2.2. In the event that ARC is unable to fulfil an order because the Product is sold out, ARC will inform You and You will be entitled to a reimbursement for the South Africa Rand (“Rand”) value You paid for the Product, which will be reimbursed, at Your election, by electronic funds transfer or by means of an ARC gift voucher or by crediting Your Website account. ARC reserves the right to communicate Product changes to You on the Website, as and when required.

2.3.The price of each Product is displayed under the Product on the Website and includes Value Added Tax at the applicable rate.

2.4. ARC will take all reasonable efforts to accurately display prices and delivery charges, however, in the event that the Product is offered at an erroneous price due to an inadvertent or obvious error and/or fraudulent activity or an incorrect delivery cost is displayed, ARC is not obliged to supply the Products at the incorrect price and/or delivery fee.

2.5. You will be able to place electronic Product orders on the Website, provided that the Products are available and not sold out.

2.6. An agreement of sale shall be deemed to have come into effect once You have submitted a fully completed online order form, the Product is in stock and payment has been authorised and/or received by ARC into its bank account. In the event that a selected Product goes out of stock before the sale is concluded, ARC may remove such Product from Your basket.

2.7. The tax invoice applicable to Your purchase will be available online in Your Website account.

3. Order errors, Cancelling orders and Returns

3.1. If  You have made an error with Your order, please contact hello@arcstore.co.za

3.2. ARC reserves the right to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely, on written notice to You. In such an instance and where You have already paid for the Product, ARC will, at Your election, reimburse You the Rand value paid for the Product by means of electronic funds transfer or in the form of an ARC gift voucher or by crediting Your Website account.

3.3. Prior to dispatch or delivery of Your Order, You are entitled to cancel Your order, either in part or in whole, on Your order page on the Website. After dispatch or delivery of an order, You cannot cancel the order but are entitled to return the Products in accordance with the ARC Returns Policy which can be accessed here.

3.4. You have the right to return Products in accordance with the provisions of the ARC Returns Policy which can be accessed at here.

4. Payment, Card Aquiring and Security

4.1. You may make payment using Your Visa, MasterCard, Diners or American Express cards or by bank transfer into ARC’s bank account, the details of which will be provided to You on request. If You are making payment via a bank card, You guarantee that You are fully authorised to use the bank card for payment and that there are sufficient funds in Your account to cover the costs of the transaction.

4.2. Card transactions will be acquired for ARC via PayGate (Pty) Ltd (“PayGate”), who are the approved payment gateway for all South African acquiring banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the Website. PayGate’s security certificate and security policy may be viewed at www.paygate.co.za.

4.3. Your details will be stored by ARC separately from the card details, which are entered on DPO PayGate’s secure stie. Further details relating to DPO PayGate may be viewed at www.paygate.co.za.

4.4. The merchant outlet country at the time of presenting payment options to You, is South Africa and the transaction currency is Rand.

5. Delivery

5.1. Delivery of Your order will be made via courier within 3 to 7 business days from the date that payment is received by ARC, except during sales and/or special events, such as Black Friday or Cyber Monday, when delivery may take up to 10 business days. ARC does not guarantee that Your Order will be dispatched or delivered on any particular date and time.

5.2. Delivery will be made to a valid physical address in the Republic of South Africa on business days between 08h00 and 17h00 and You, or the person accepting delivery on Your behalf, may be requested to produce identification when accepting delivery of Your Order.

5.3. Two attempts will be made to deliver Your order and should You fail, refuse or neglect to be available and accept the order after 2 attempts, You may be liable for additional delivery charges or ARC may elect to cancel Your order, in which event ARC will refund You the full transaction value less delivery charges already incurred and a 10% administration charge in the event of the refund being made by electronic funds transfer. The aforesaid refund will, at Your election, be made by electronic funds transfer or in the form of an ARC gift voucher or by crediting Your Website account.

5.4. Within 2 business days of Your order having been shipped, You will receive an email confirmation containing Your shipping details, a tracking number and a link to track Your order.

5.5. When Your order is delivered, You must inspect the Products and be satisfied that the Products conform to the quality and quantity You ordered and are free from any defects. You are not able to return any Products to ARC with the courier and if You wish to return the Products, You must follow the returns procedure, as contained in the ARC Returns Policy which can be accessed at here.

6. Vouchers

6.1. ARC or its partners may release printed or digital gift vouchers promotional codes and/or coupons (collectively referred to as “Vouchers”), which You may redeem against Your online purchases and which will be subject to the terms and conditions contained on each Voucher.

6.2. Vouchers may only be redeemed against Your Website purchase, provided that the Voucher is valid and has not expired. Vouchers are not redeemable for cash and will not be replaced if the physical Voucher is lost, stolen, destroyed and/or used without permission and Vouchers cannot be transferred or used to purchase another Voucher.

6.3. If You do not use the entire Voucher value when making a purchase, the difference between the Product purchase price and the Voucher value, will, at Your election, be credited to Your Website account or an ARC gift voucher will be issued to You for the applicable amount. No amounts will be paid to You in cash.

6.4. If You have redeemed a Voucher against a purchase and You would like to return all or some of the items purchased, ARC will refund You or credit Your Website account with the Rand value of the purchase and reissue the Voucher with the same associated terms and conditions. Only 1 promotional code and/or coupon may be used at any one time. Multiple gift vouchers may be used at once.

6.5. Gift vouchers are valid for a minimum period of three years from the date of issue or such longer period as detailed on the Voucher.

7. Product Expiry Dates

7.1. Certain Products may contain expiry dates, which will be printed on the outer Product carton and on the Product container. ARC undertakes to deliver all Products carrying expiry dates, with a minimum of 6 months remaining to the applicable expiry date.

7.2. If You receive a Product, that has been purchased on the Website, that expires in less than the aforesaid 6 month period at the time of receipt thereof, ARC will replace the Product free of charge, provided that You have notified ARC thereof within 14 business days from date of delivery of the Product by emailing hello@arcstore.co.za.

8. Complaints

If You have any complaints regarding the standard and/or quality of the Products bought on the Website, You may lodge Your compliant on the Website or send an email to hello@arcstore.co.za.

9. General

9.1. ARC takes responsibility for all aspects relating to the transactions concluded on the Website, including the sale and delivery of the Products, customer service and support and dispute resolution.

9.2. ARC reserves the right to change these Terms and Conditions or any part thereof, at its own discretion and it will be Your responsibility to ensure that You read the Terms and Conditions and are satisfied therewith when making a purchase.

9.3. Any changes to the Terms and Conditions will become effective when they have been posted on the Website and it is Your obligation to check the Terms and Conditions for changes and/or updates when making a purchase.

9.4. If You continue to make use of the Website following the posting of changes and/or updates to the Terms and Conditions, You will be deemed to have accepted the changes and/or updates and will be bound by the amended and/or updated Terms and Conditions.

9.5. ARC shall take all reasonable steps to protect Your personal information in accordance with the ARC Privacy Policy, a copy of which can be found on the Website.

9.6. These Terms and Conditions will be construed and governed in accordance with the laws of the Republic of South Africa and ARC chooses as its domicilium citandi et executandi for all purposes under these Terms and Conditions, the address situated at 11-13 St Andrews Road, Parktown 2193.